Academic Performers' Rights as an Impediment to the Progress of Science: Is the Implied Licence a Solution?

摘要

The article discusses the implication of licences for performers' rights in the context of education. It commences the debate by introducing a recent US case, Garcia v Google, where the judge implied a licence for the performer's rights. Next, it reviews UK cases and addresses the extent to which a licence for performers' rights can be implied to promote education in the United Kingdom. Then, it advocates that UK law adopt the Australian approach and carve out an exception to performers' rights.